S. 151 : Reassessment-Sanction for issue of notice-Failure to furnish approval of designated authority Order of High Court quashing the proceedings is quashed-SLP of Revenue is dismissed. [S. 147, 148, Art. 136]
S. 151 : Reassessment-Sanction for issue of notice-Failure to furnish approval of designated authority Order of High Court quashing the proceedings is quashed-SLP of Revenue is dismissed. [S. 147, 148, Art. 136]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice after three years-Sanction of Specified Authority-Approval to be obtained from Principal Chief Commissioner-Approval from Principal Commissioner-Sanction is invalid-Order and consequent notice is invalid. [S.147, 148,148A(b), 148A(d), 151(ii), Art.226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Faceless assessment-International tax charges-Notices issued by Jurisdictional Assessing Officers and consequent proceedings and orders set aside-Revenue is given liberty to proceed in accordance with new procedure. [S.144B, 147, 148, 148A, 151A, Art. 226]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Pendency of appeal-Scrutiny assessment order pending in appeal rendered infructuous-Order passed under section 148A(d) is held to be valid-Assessee is given liberty to seek appropriate remedy if adverse reassessment order is passed.[S. 143(3), 147, 148, 148A(b) 148A(d), 250, Art. 226
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Loan-Non-consideration of explanation-Duty of Assessing Officer to consider assessee’s Explanation and pass reasoned order-Non application of mind-Notice and order is quashed and set aside. [S. 147, 148, 148A(b), 148A(d), Art. 226]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice after three years-Limitation-Income exceeding Rs 50 lakhs-Process for issuance of notice started before date of notification-Order and consequent notice is valid. [S. 147, 148, 148A(b) 148A(d), 149,Art. 226]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Disclose of information-Notice and order disposing the objection is valid-Interpretation of taxing statutes-Literal Interpretation-It is settled that the words used in the provisions of a taxing statute are required to be given their plain meaning and nothing can be implied from or read into it.[S. 148, 148A(b) 148A(d) Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Faceless Assessment-Notice issued by Jurisdictional Assessing Officer-Contrary to provisions of Section 151A-Order and consequential notice are set aside. [S. 147, 148, 148A(b), 148A(d), 151A, Art. 226]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Best judgment assessment-Faceless assessment-Jurisdictional Assessing Officer has no jurisdiction to issue notice for reassessment in faceless mechanism-Notices and order is quashed. [S. 144, 144B,144C(1), 148, 148A(b) 148A(d), 151A(1) Art. 226]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to respond initial notices-Stoppage of business-Notice was not sent to existing E.mail-Matter remanded to the Assessing Officer for reconsideration and decide in accordance with law. [S. 147 148, 148A(b) 148A(d), Art. 226]